Obergefell et al v. Kasich et al

Filing 44

NOTICE by Plaintiffs John Arthur, Robert Grunn, David Brian Michener, James Obergefell of Filing Expert Report of Joanna L. Grossman (Attachments: # 1 Expert Declaration, # 2 Exhibit A-Grossman CV, # 3 Exhibit B, Family Law Columns, # 4 Grossman Bibliography) (Martin, Jacklyn)

Exhibit A
JOANNA L. GROSSMAN
Hofstra Law School
121 Hofstra University
Hempstead, NY 11549
Tel. [phone]
Fax. [phone]
[e-mail]

CURRENT ACADEMIC POSITION
Sidney & Walter Siben Distinguished Professor of Family Law, Sept. 2012 – present
Professor (with tenure), Hofstra Law School, Sept. 2004-present
John DeWitt Gregory Research Scholar, Sept. 2010 – Aug. 2011
Associate Dean for Faculty Development, Hofstra Law School, March 2004 – Aug. 2008
Associate Professor, Hofstra Law School, Sept. 1999 - Aug. 2004
Courses: Sex-based Discrimination; Family Law; Advanced Topics
in Family Law; Children and the Law; Wills, Trusts and Estates; Colloquium on
Gender, Law and Public Policy; Contracts
Faculty Development Activities: ran fall, spring and summer faculty workshop series;
wrote and published quarterly faculty newsletter; edited Hofstra’s SSRN research paper
series; wrote content for web and print materials designed to highlight faculty
scholarship and achievements; facilitated media contacts for faculty through online
media guide and other mechanisms; coordinated faculty mentoring program; ran
Junior Faculty Forum; served as reader and mentor for untenured faculty; reviewed
summer grant applications; prepared and updated new faculty guide.
Activities: Chair, Required Curriculum Working Group (2013-14); Member,
Strategic Planning Committee (2012-14); Member, Dean’s Advisory Committee (201112); Chair, Faculty Recruitment Committee (2010-11); Chair, Lateral Appointments
Committee (2007-08); Dean Search Committee (2004-05); University’s Diversity Task
Force (2004-12) Chair, Visiting Scholars and Speakers Committee (2003-07); Chair,
Placement and Clerkships Committee (2002-07); Member, Appointments Committee
(2001-02); Advisor, Hofstra Law Women (1999-2008); Advisor, Law Students for
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Choice (2004-2008); Advisor, Public Justice Foundation (1999-2011).
Honors: University’s Diversity Lecturer (2010); University’s Distinguished
Lecturer (Spring 2004); Hofstra Law Review’s Professor of the Year (2001); Elected
Graduation Awards Presenter (2002); Hofstra Labor & Employment Law Journal’s
Professor of the Year (2002); Public Justice Foundation’s Professor of the Year (2002).
OTHER ACADEMIC POSITIONS
Visiting Professor, Vanderbilt Law School, Fall 2008
Adjunct Professor, Cardozo Law School, Fall 2007
Visiting Professor, University of North Carolina School of Law, Spring 2005
Associate Professor, Tulane Law School, 1998-1999
Adjunct Lecturer, Washington College of Law, American University, Fall 1996
EDUCATION
STANFORD LAW SCHOOL, J.D. with distinction, 1994
Order of the Coif
Cumulative GPA: 3.8
Stanford Law Review, Articles Development Editor
AMHERST COLLEGE, Amherst, MA
B.A. in Economics, May 1990.
OTHER LEGAL EXPERIENCE
WILLIAMS & CONNOLLY, Washington, D.C. (Summer 1993 & 1996-98)
Litigation Associate. Trial and appellate litigation involving trusts & estates, family law,
products liability, and trademark infringement.
NATIONAL WOMEN'S LAW CENTER, Washington, D.C. (Fall 1995-Fall 1996)
Staff Attorney. Recipient of Women's Law and Public Policy Fellowship 1995-1996. Litigated
cases involving sexual harassment in the workplace, schools, and prisons; analyzed legislation
and lobbied in areas of welfare reform and child support enforcement; provided direct legal
services and education to women in prison.
THE HONORABLE WILLIAM A. NORRIS, United States Court of Appeals for the
Ninth Circuit (June 1994-June 1995). Judicial Clerk.
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STANFORD LAW SCHOOL: Research Assistant, Prof. Barbara A. Babcock, Stanford Law
School, 1992-94; Head Teaching Assistant, Introduction to American Law, Departments of
Political Science and American Studies, Stanford University, 1992 & 1993; Research Assistant,
Prof. Lawrence M. Friedman, Stanford Law School, 1993-94.
BOOKS
OUTSIDE THE CASTLE: PRIVACY AND SECRECY IN LEGAL PERSPECTIVE (in progress) (with
Lawrence M. Friedman)
GENDER AND LAW: THEORY, DOCTRINE, COMMENTARY (6th ed. January 2013) (with Katharine
Bartlett and Deborah Rhode)
INSIDE THE CASTLE: LAW AND THE FAMILY IN 20TH CENTURY AMERICA (Princeton University
Press 2011) (with Lawrence M. Friedman)
GENDER EQUALITY: DIMENSIONS OF WOMEN’S EQUAL CITIZENSHIP (Cambridge Univ. Press
2009; paperback edition 2012) (Linda C. McClain & Joanna L. Grossman, eds.)

ARTICLES & CHAPTERS
The Mother (and Father) of All Questions: Who is a Parent? (in progress)
They Led Two Lives (under submission) (with Lawrence M. Friedman)
Review of Laura Briggs, Somebody’s Children: The Politics of Transracial and Transnational
Adoption, 100 JOURNAL OF AMERICAN HISTORY 255 (2013)
Review of Holly J. McCammon, The U.S. Women's Jury movements and Strategic Adoption:
A More Just Verdict, Law and History Review (forthcoming 2013)
Independent Together, 48 TULSA L. REV. 313 (2013) (book review)
Unprotected Sex: The Pregnancy Discrimination Act at 35, DUKE J. L. & GENDER (forthcoming
2014) (with Deborah L. Brake)
A Private Underworld: The Naked Body in Law and Society, 61 BUFFALO L. REV. 149 (2013)
(with Lawrence M. Friedman)
Defense of Marriage Act, Will You Please Go Now!, CARDOZO L. REV. DE * NOVO 155 (2012)

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The New Illegitimacy: Tying Parentage to Marital Status for Lesbian Co-Parents, 20
AMERICAN U. J. GENDER & L. 671 (2012)
Pregnancy and the False Promise of Equal Citizenship, 98 Georgetown Law Journal 567
(2010)
Civil Rites: The Gay Marriage Controversy in Historical Perspective, in LAW, SOCIETY, AND
HISTORY: THEMES IN THE LEGAL SOCIOLOGY AND LEGAL HISTORY OF LAWRENCE M.
FRIEDMAN (Cambridge 2011)
Making Pregnancy Work: Overcoming the PDA’s Capacity-Based Model, 21 Yale Journal of
Law & Feminism 15 (2009) (with Gillian Thomas)
Pregnancy and Social Citizenship, in GENDER EQUALITY: DIMENSIONS OF WOMEN’S EQUAL
CITIZENSHIP (Joanna Grossman & Linda McClain, eds., 2009)
Introduction to GENDER EQUALITY: DIMENSIONS OF WOMEN’S EQUAL CITIZENSHIP (Joanna
Grossman & Linda McClain, eds., 2009) (with Linda McClain)
Book Review: Wives Without Husbands: Marriage, Desertion, & Welfare in New
York, 1900-1935, Law and History Review (2008)
The Failure of Title VII as a Rights-Claiming System, 86 North Carolina Law Review 859
(2008)
The Legacy of Loving, 51 Howard Law Journal 15 (2007) (with John Gregory) (symposium)
(reprinted in Loving v. Virginia in a Post-Racial World (Kevin Noble Maillard & Rose Cuison
Villazor, eds.) (Cambridge 2012) (republished in Loving v. Virginia in a Post-Racial World:
Rethinking Race, Sex, and Marriage (Kevin Noble Maillard & Rose Cuison Villazor, eds.,
2012)
Introduction to Symposium on Family Boundaries: Third-Party Rights and Obligations with
Respect to Children, 40 Family Law Quarterly 3 (2006)
Resurrecting Comity: Revisiting the Problem of Non-Uniform Marriage Laws, 84 Oregon Law
Review 433 (2005)
Fear and Loathing in Massachusetts: Same-Sex Marriage and Some Lessons from
the History of Marriage and Divorce, 14 Boston University Public Interest Law
Journal 87 (2004)
Job Security Without Equality: The Family and Medical Leave Act of 1993, 15 Washington
University Journal of Law and Policy 17 (2004)
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Feminist Law Journals and the Rankings Conundrum, 12 Columbia Journal of
Gender & Law 522 (2003)
The Culture of Compliance: The Final Triumph of Form over Substance in
Sexual Harassment Law, 26 Harvard Women’s Law Journal 1 (2003)
Making a Federal Case Out of It: Section 1981 and At-Will Employment, 67 Brooklyn Law
Review 329 (2001)
Separated Spouses, 53 Stanford Law Review 1613 (2001) (review essay)
The First Bite is Free: Employer Liability for Sexual Harassment, 61 University of Pittsburgh
Law Review 671 (2000)
Adoption in the Progressive Era: Preserving, Creating, and Re-Creating Families, 43
American Journal of Legal History 235 (1999) (with Chris Guthrie)
The Road Less Taken: Annulment at the Turn of the Century, 40 American Journal of Legal
History 307 (1996) (with Chris Guthrie)
Guardianship: A Research Note, 40 American Journal of Legal History 146 (1996) (with
Lawrence M. Friedman and Chris Guthrie)
Women's Jury Service: Right of Citizenship or Privilege of Difference?,
46 Stanford Law Review 1115 (1994) (Note)
COMMENTARY
I am a regular columnist for Verdict, a legal commentary site hosted by Justia.com. My
columns are available at http://verdict.justia.com/author/grossman/. From October 2000 until
December 2010, I was a columnist for FindLaw’s Writ. A complete archive of my columns is
available at writ.findlaw.com/Grossman.
ENCYCLOPEDIA ENTRIES AND SHORT PIECES
Succession Law, in Oxford Companion to American Legal History (2008)
Family and Medical Leave Act, The Encyclopedia of the Supreme Court of the United States
(2008)
Title VII’s Protection Against Pay Discrimination: The Impact of Ledbetter v. Goodyear Tire
& Rubber Co., Regional Labor Review (Fall 2007) (with Deborah L. Brake)
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Seeking Equality in the Legal System, Newsday, Oct. 10, 2005, at A39 (op-ed)
NYers Confront Limbo on Same-Sex Marriages, Newsday, May 19, 2004, at A48 (op-ed)
The Supreme Court’s 2003 Employment Rulings: Surprising Gains for Workers and Women,
6 Regional Labor Review 22 (Fall 2003)
A Partial Legal Victory Against Continuing Discrimination: The New Supreme Court Ruling in
Amtrak v. Morgan, 5 Regional Labor Review (Fall 2002)
ERPL: Looking Beyond the Loss Ratio, Rough Notes 77 (Nov. 2002) (interview)
Women’s Labor Rights Rulings in 2001: A Mixed Bag, 4 Regional Labor Review 34
(Spring/Summer 2002)
“Probate and Succession Law,” in Legal Systems of the World (2002)
“Harassment,” in the Oxford Companion to American Law (2002)
“Sexual Harassment,” in the Oxford Companion to American Law (2002)
CONFERENCES AND PRESENTATIONS
Keynote Speaker, Symposium, The Legacy of Title IX, Grinnell College, September 16-19,
2013, Grinnell, IA
Presenter, The Mother (and Father) of All Questions: Who is a Parent?, Law and Society
Annual Meeting, Boston, MA, May 31, 2013
Presenter, Making and Teaching “Real” Family Law, University of Wisconsin Law School,
April 5-8, 2013
Keynote Speaker, Colloquium, Choices and Lives: Abortion after Roe v. Wade, St. Mary’s
College of Maryland (March 19-21, 2013)
Roundtable Participant, Breaking the Glass Ceiling: Exploring the Continued
Existence of Gender Bias in the Legal Profession and Understanding How
It Can Change, New York University School of Law, March 1, 2013
Presenter, Comparative Family Law Panel, AALS Annual Meeting, New Orleans, LA,
January 5, 2013

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Presenter, Social Justice Feminism Conference, University of Cincinnati School of Law,
October 25-27, 2012
Presenter, Pregnancy, Motherhood, and Reproductive Rights, Law and Society Annual
Meeting (June 7, 2012)
Participant, Author Meets Reader Panel on Grossman & Friedman, Inside the Castle, Law and
Society Annual Meeting (June 5, 2012)
Chair and Discussant, Intimate Relationships and the State: Reconsidering the Trope of
Separate Spheres, Law and Society Annual Meeting (June 5, 2012)
Presenter, Title IX and Sexual Violence, CLE, New York City Bar Association (April 17,
2012)
Presenter, “Parents and Non-Parents: The Struggle to Define Parentage in the Age of the New
Family,” Law and Society Association Annual Meeting, San Francisco, CA, June 4, 2011
Commentator, Works-in-Progress Session, Emerging Family Law Scholars and Teachers
Conference 2011, San Francisco, CA, June 1-2, 2011
Keynote Speaker, “The State of the Same-Sex Union,” Chicago Bar Association Panel on The
Illinois Religious Freedom Protection and Civil Union Act, Chicago, IL, April 20, 2011
Presenter, “Disentangling Legitimacy and Parentage,” Conference on The New ‘Illegitimacy’:
Revisiting Why Parentage Should not Depend on Marriage, American University,
Washington, D.C., March 24-25, 2011
Panelist, “Relationship Recognition and the New York Courts,” Lesbian, Gay, Bisexual and
Transgender Issues in the Courts, The New York State Judicial Institute, White Plains, NY,
March 22, 2011
Presenter, “E-Marriage: Emerging Trends Meet the Law,” AALS Annual Meeting, San
Francisco, CA, January 7, 2011
Presenter, “Are Transsexuals Paving the Way for Gender Equality,” at the Northeast Law &
Society Meeting, Amherst, Massachusetts, October 2, 2010.
Chair, “Author Meets Readers: Deborah Brake, Getting in the Game: Title IX and the
Women’s Sports Revolution,” Annual Meeting of the Law and Society Association, Chicago,
IL, May 27, 2010
Reader, “Author Meets Readers: Deborah Rhode, The Beauty Bias,” Annual Meeting
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of the Law and Society Association, Chicago, IL, May 28, 2010
Lecturer, “Beyond Open Doors: Integrating Pregnant Women into the Workplace,”
Provost’s Annual Diversity Lecture, Hofstra University, March 10, 2010
Keynote Speaker, “The Future of Pregnancy Discrimination Law,” Annual Conference of
National Employment Lawyers’ Association (Florida chapter), St. Petersburg, Florida,
September 5, 2009
Presenter, “Legal Protections for Same-Sex Partners and Their Families,” Annual Conference
of Gay Officers’ Action League, New York, NY, June 24, 2009
Chair and Moderator, “Dimensions of Women’s Equal Citizenship,” Law and Society
Association Annual Meeting, Denver, Colorado, May 28, 2009
Participant, “Empirical Research in Family Law,” Law and Society Association Annual
Meeting, Denver, Colorado, May 29, 2009
Presenter, “Pregnant Workers and Disparate Impact Law,” Twelfth Annual Conference of the
Association for the Study of Law, Culture, and Humanities, Boston, MA, April 3-4, 2009
Presenter, “Why Transsexuals Are Paving the Way for Sex Equality,” at Symposium: Applied
Feminism, University of Baltimore School of Law, Baltimore, MD, March 6, 2009
Presenter, Faculty Workshop, “Pregnancy, Work, and Citizenship,” Vanderbilt Law School,
Nashville, TN, November 18, 2008
Presenter, “The Future of Pregnancy Discrimination Claims,” Symposium: Respecting
Expecting: The Thirtieth Anniversary of the Pregnancy Discrimination Act, Yale Law School,
New Haven, CT, November 7-8, 2008
Presenter, “Defining Discrimination: The Problem of Pregnancy,” Northeast Regional Law
and Society Conference, Amherst, MA, October 31, 2008 (planned)
Presenter, Faculty Workshop, “Pregnancy, Work, and Citizenship,”
Stanford Law School, Stanford, CA, July 30, 2008
Moderator, Opening Plenary: “The New Generation of Family Law Scholars,” Emerging
Family Law Scholars Workshop, Cardozo Law School, New York, NY, June 5, 2008
Presenter, “Pregnancy and Women’s Equal Citizenship,” Law and Society Association
Annual Meeting, Toronto, Canada, May 30, 2008

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Participant, Roundtable, “Thirty Years of Anti-Discrimination Law,” Law and Society
Association Annual Meeting, Toronto, Canada, May 30, 2008
Keynote Speaker, National Pay Equity Day, “The Future of Pay Discrimination Claims,”
Hofstra University, Hempstead, NY, April 25, 2008
Presenter, Faculty Workshop, “Rights-Claiming and Reality under Title VII,” Villanova
Law School, Villanova, PA, February 8, 2008
Presenter, “Reflections on the Roberts Court,” Cardozo Law School, New York, NY,
September 26, 2007
Presenter, “Knowledge and Voice in a Rights-Claiming System: The Failed Promise of Title
VII,” Law and Society Association Annual Meeting, Berlin, Germany, July 25, 2007.
Organizer and Moderator, “Sticky Cultural Norms: The Transformative Potential of Title IX,”
Hofstra Law School, April 30, 2007
Moderator, “Social Citizenship and Gender,” Conference on Dimension’s of Women’s Equal
Citizenship, held at Hofstra Law School on November 3-4, 2006 (conference co-director)
Presenter, “Title VII and ‘Reasonable’ Employees,” Northeast Regional Law and
Society Conference, Amherst College on May 19-20, 2006
Presenter, Festschrift for Lawrence Friedman, “Same-Sex Marriage: Some Lessons from the
History of Marriage and Divorce,” Stanford Law School, October 1, 2005, Stanford,
California
Chair and Moderator, Author-Meets-Reader Panel on Linda McClain's “The Place of Families,”
International Society for Family Law World Conference, July 20, 2005, Salt Lake City, Utah
Presenter, “Resurrecting Comity: Revising the Problem of Non-Uniform Marriage Laws,”
Annual Meeting of the Law and Society Association, June 3, 2005, Las Vegas, Nevada
Presenter, “Same-Sex Marriage,” International Society for Family Law World Conference, July
20, 2005, Salt Lake City, Utah
Presenter, Faculty Workshop, “The Portability of Marriage,” University of North Carolina
School of Law, March 24, 2005, Chapel Hill, North Carolina

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Participant, Roundtable, “Master Trends in the Role of Law,” New York Law School, on
November12, 2004, New York, New York
Presenter, “Same-Sex Marriage,” Judicial Training Institute, September 18, 2004, Pace Law
School, Westchester, New York
Participant, Roundtable, “What Makes a Parent?,” Cardozo Law School, June 17-18, 2004,
New York, New York
“Same-Sex Marriage and the False Rhetoric of Uniformity,” Conference on “Same-Sex
Marriage in Massachusetts: The Meaning and Implications of Goodridge v. Department of
Public Health, Southern New England School of Law, June 11, 2004, Dartmouth,
Massachusetts
“Understanding Organizational Efforts to Prevent Harassment and Their Impact
on Employees,” Annual Meeting of the Law and Society Association, May 28, 2004,
Chicago, Illinois
Discussant, “The Canon of Family Law,” Seventh Annual Conference of the Association for
the Study of Law, Culture, and Humanities, March 12, 2004, Hartford, Connecticut
“Understanding the Sexual Harassment Culture” (with Vicki Magley and Lisa Kath),
Seventh Annual Conference of the Association for the Study of Law, Culture, and
Humanities, March 12, 2004, Hartford, Connecticut
“The Limits of Law: Sexual Harassment and Institutional Culture,” Distinguished
Lecture, Hofstra University, February 25, 2004, Hempstead, NY
Participant at conference on “Don’t Ask, Don’t Tell: 10 Years Later,” Hofstra University,
Sept. 18, 2003, Hempstead, New York
“Escaping the Confines of Marriage: Divorce and Gender at the Turn of the
Twentieth Century,” presented at the International Society of Family Law, North
American Regional Conference, June 27, 2003, Eugene, Oregon
“Escaping the Confines of Marriage: Divorce and Annulment at the Turn of the Twentieth
Century,” presented at the Annual Meeting of the Law and Society Association, June 6, 2003,
Pittsburgh, Pennsylvania
“Feminist Law Journals and the Rankings Conundrum,” presented at conference on “Why a
Feminist Law Journal?”, April 4, 2003, Columbia University School of Law
Moderator, “Current Policy Initiatives to Promote Marriage,” at “A Conference on
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Marriage, Democracy, and Families,” March 14, 2003, Hempstead, New York
“Escaping the Confines of Marriage: Women and Divorce at the Turn of the Twentieth
Century,” March 7, 2003, at the Sixth Annual Conference of the Association for the Study of
Law, Culture, and the Humanities, Sixth Annual Conference, New York, New York
Chair and Discussant, “A Duty of Care: Being Responsible for the Mentally Incapable in the
Eighteenth- Century Atlantic World,” American Society for Legal History Annual Meeting,
Nov. 8, 2002, San Diego, California
“The Clash Between Law and Reality: Employer Liability for Sexual Harassment,”
presented at the Law and Society Annual Meeting, May 31, 2002, Vancouver, Canada
“When Law Confronts Reality: The Limitations on Law’s Ability to Change Workplace
Culture,” presented at the Fifth Annual Conference of the Association for the Study of Law,
Culture, and Humanities, March 10, 2002, Philadelphia, Pennsylvania
Discussant and Chair, “Women and Violence,” Law, Culture, and Humanities
Conference, Austin, TX (March 2001)
Panelist, “Sexual Harassment and the Workplace,” Nov. 10, 1999 (conference for New York
employers) Melville, NY (November 1999)
Lecturer, CLE course on sexual harassment sponsored by the Suffolk County Bar
Association, May 26, 2000, Islip, New York
Participant, “Roundtable—Law, Society, and History: The Contributions of Lawrence Friedman
(III),” May 28, 1999, Chicago, Illinois
SELECT MEDIA APPEARANCES
Interviewed on KMOX Radio, St. Louis, October 8, 2009 (David Letterman harassment
scandal)
Interviewed on WNYC, October 10, 2008 (same-sex marriage in Connecticut)
Interviewed on A Current Affair (Australia), May 22, 2008 (Heath Ledger’s Will)
Interviewed on News12, October 15, 2007 (about controversial ethics speaker)
Interviewed on WNYC, July 6, 2006 (same-sex marriage in New York)
Interviewed on WNYC, May 17, 2004 (same-sex marriage in Massachusetts)
Interviewed on NPR’s Morning Edition, March 3, 2004 (same-sex marriage in New York)
Interviewed on “Ken and Company,” KABC 770, Los Angeles, California, November
19, 2003 (same-sex marriage in Massachusetts)
Onstage commentary for Broadway production of Oleanna, a David Mamet play about sexual
harassment in the university setting, October 10, 2009
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HONORS, GRANTS AND FELLOWSHIPS
Profiled as “Law Star” on Lawcrossing.com (2006)
Inducted into Long Island’s “40 Under 40” (2005)
Hofstra Law School Summer Grant (2000-13)
Hofstra University Distinguished Lecturer (2004)
Tulane Law School Summer Grant (1999)
Women’s Law and Public Policy Fellowship (1995-96)
Stanford Law and Society Program Funding (1993-94)
PROFESSIONAL AFFILIATIONS
Elected Member, American Law Institute (since 2009)
Member, New York Bar (2002), California Bar (1995), District of Columbia Bar (1996)
Member, Law and Society Association
Member, Society for American Law Teachers
Member, Association for the Study of Law, Culture, and the Humanities
PROFESSIONAL ACTIVITIES
Anonymous Referee:
Aspen Law and Books
Law and History Review
Journal of American History
Hypatia
Law and Society Review
Law, Culture, and Humanities Journal
Law and Social Inquiry
Oxford University Press
Lexis/Nexis Publications
Member, Blue Ribbon Advisory Committee, Equal Rights Advocates
Member, 2002-05, Editorial Board, PERSPECTIVES (magazine of the ABA’s Commission on
Women in the Profession)
Contributor, JOTWELL Press Blogs, Trusts & Estates Section
Guest Contributor, SALT Blog
PERSONAL
Married with three sons. Marathon runner, triathlete, and youth soccer coach.

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